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The first step in appealing a summary judgment is determining whether the order is a final judgment that can be appealed. Generally, Texas appellate courts may review only final judgments, and there can be only one final judgment in any case. See Colquitt v. Brazoria County, 324 S.W.
Hear this out loud PauseA court of appeals cannot review a ground that was not contained in the summary judgment motion to affirm that order. If the motion contains no grounds or limited grounds, the nonmovant does not need to specially except and can raise that issue on appeal.
Hear this out loud Pause(a) the notice of appeal must be filed within 90 days after the judgment is signed if any party timely files: (1) a motion for new trial; (2) a motion to modify the judgment; (3) a motion to reinstate under Texas Rule of Civil Procedure 165a; or (4) a request for findings of fact and conclusions of law if findings and ...
As a general rule, the Texas Rules of Appellate Procedure require a notice of appeal to be filed within 30 days of a final judgment or order signed by the judge, which may be extended to 90 days if a timely motion for a new trial is filed or a deadline-extending document, such as a motion to modify judgment or a ...
Filing a Restricted Appeal A restricted appeal attacks the judgment itself by asserting that the default judgment was not supported by the law or facts alleged by the plaintiff. A restricted appeal has specific filing requirements and deadlines.
Hear this out loud PauseAs a general rule, the deadline to file a notice of appeal is 30 days after the final judgment was signed. See Texas Rule of Appellate Procedure 26.1.
UNDER TEXAS RULE OF CIVIL PROCEDURE 679b, THE GARNISHOR MUST SEND YOU A ?SEIZURE EXEMPTION NOTICE,? APPROVED BY THE SUPREME COURT. READ THAT NOTICE CAREFULLY FOR MORE INFORMATION ABOUT HOW TO GET EXEMPT MONEY OR PROPERTY BACK. ?YOU HAVE A RIGHT TO REGAIN POSSESSION OF THE PROPERTY BY FILING A REPLEVY BOND.
Hear this out loud PauseShow that the law does not support judgment on the undisputed facts. Your legal research may reveal case law that shows judgment isn't warranted in your case, even when no facts are in dispute. Show that discovery is incomplete and could raise a disputed material fact when completed.